I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.

I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.

Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..

All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..

Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?

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sledge_hammer

03-24 05:06 PM

My Dear Friend:

Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

For once, accept that we are at fault.

Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?

I am sorry, I am not a very knowledgeable person in immigration matters like many of you, but when it comes to finger pointing, we have to show all consulting companies and why only DESI companies are getting into this discussion. I know friends who worked for IBM & KPMG on H1b travels to all states for short term contracts. What about those biggies? They are also desi firms?

How did you come to US in the first place? if not thru a consulting company ( I know F1 is another option) either thru big companies like TCS, Wipro or Infy or through desi consulting firms. Pls do not forget the fact that USCIS changed their stand now and saying that it is not legal to work else where other than employer location. If they implement that rule from start then this mess wouldn't happen.

Now, we are in trouble and so stop finger pointing and give any good advise if you can.

FYI..I am an FTE and I came to us thru a multinational firm and never worked for a desi consulting cmpny.

This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

key points to ponder:

- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.

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waitnwatch

10-01 05:35 PM

I think retrogression will improve in the future. Here is why I think so.

Durbin is basically interested in changing the rules for H1-B. So one thing is assured, no more increase in the H1-B quota if Obama wins. Even if McCain wins I am doubtful there will be an H1-B quota increase in a Democratic majority house and senate.

On the other hand none of the candidates, senators or congressmen/women care too much to bet their political career on changing legal immigration. So the current EB system is just not going to change that easily. But with fewer people joining the line (the recession will reduce new immigration even further) I would assume that EB-2 will go current at some point in the next year. This will ultimately start reducing the backlogs in EB3.

Now don't start throwing numbers at me. I understand that it may still be some wait. But generally even in the worst case scenario things will not become worse as some folks predict.

I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.

I don't think we all want that. I don't think even all Indians want that. I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.

Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?

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Macaca

03-19 01:20 PM

New Congress, Same Obstacles for Democratic Lobbyists (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html), By Al Kamen, Monday, March 19, 2007

The Democrats' takeover of Congress had a lot of their interest groups -- labor, enviros, etc. -- elbowing ferociously for long-sought legislation for their constituents. The groups' lobbyists are feeling the pressure.

The National Air Traffic Controllers Association has been working hard to reopen contract bargaining with the Federal Aviation Administration -- it feels it got the short end in negotiations last year about work rules and pay -- and wants Congress to let it do so. But it's a tough go, NATCA President Patrick Forrey said in a March 10 "National Office Update."

"I can imagine how frustrat[ed] our membership must be that our language has not been enacted to date," Forrey wrote, "considering the tremendous amount of support in PAC dollars and campaign activity we invested into the election process." No doubt. Sounds like they've got a good consumer fraud case if they want to pursue it.

"For those who believe this should be a slam dunk," he said, "let me remind you that there are an incredible amount of organizations, associations, special interests and of course labor unions that have been subject[ed] to 12 years of bad government . . . the problem is, we are all competing against each other to get our separate issues corrected."

But the Washington office is working on it. "If you could be in my shoes and talk with these very supportive members," Forrey explained, "you'd have the opportunity to realize the difficulty in undoing something that falls in a long line of things that need undoing . . . that is why it's so difficult to get the total support" from the House leadership on "controversial bills" that might hurt passage of other bills.

But not to worry. "This past week has left us very encouraged about the progress we are making in securing a temporary legislative fix," he said, with Reps. James L. Oberstar (D-Minn.) and Jerry F. Costello (D-Ill.) having penned a joint letter to House Appropriations chair David Obey (D-Wis.) to put language in the Iraq war supplemental appropriations bill that would reopen contract negotiations.

"However, as of today," Forrey wrote, "we have not seen or been told of any language inserted" in the Iraq bill. "It appears that the final approval is going to have to come from Speaker Pelosi," he said, "so we are rounding up all of the support we can garner from" other members to get her "to give the nod."

(Last Thursday, the Appropriations Committee approved the bill without the language.)

No war yet!! Good think I wasnt holding my breath or anything. All you war mongering folk must be dissapointed.

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pitha

04-07 09:18 AM

It�s very easy and hip to blame everything in this world on desi companies but they are not completely to blame here. Consider this scenario. They are two ways to get H1, 1. You are already in US, i.e. converting from F1 to Practical training, Practical training to H1. This is an easy option for companies because you are already in US so they come to campus interviews or fly you to there company headquarters for the interviews. 2. Now what about the people who are outside the US. How are companies going to interview them, screen them and select them, you cannot give a job to somebody outside US by interviewing them on the phone, you cannot fly them to US for interview because it is costly and has visa issues. Desi companies have an advantage here because they are interviewing the people in India and those people are working for them before they file H1. Not just big desi companies like TCS, infosys, wipro etc take this route but even American companies like IBM operating in India are do this. Big companies like Microsoft, Intel, and Cisco do not get first crack at these filings but the labor pool is increased so they do have a chance to hire them when they come to US. People transfer all the time between companies when they are on H1. I know a lot of people who are working in Cisco and Microsoft who came to US on H1 through desi companies but later on accepted full time positions in Microsoft, Cisco and other companies.

Now I am not defending desi companies nor did I ever work for desi company but I am telling you the reality. Even mom and pop desi companies are doing some service by providing a medium for employees and employers through consulting services. The only and biggest gripe I have against desi companies is that they are exploiting the h1 employees by keeping bigger margins on the H1 hourly rate.

Now if you want to reform H1, you can do things like give H1 based on credentials like UK does, you get points based on years of experience, education level (Masters, phd, bachelors etc) and give the people the ability to change jobs at will during the period of H1, that will eliminate a lot of exploitation and make it easier for companies to hire people on h1. This will eleminate some mom and pop desi consulting companies which are the middle men.

The law makers (democrats) who introduced this so called law to reform H1 are actually trying to kill H1 in the name of reform. They don�t have the backbone to come out and say H1 should be abolished but instead they are taking the back door to kill the H1 through these draconian measures.

For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

I can tell you for sure what kind of results this petition will produce.

1. it will not poduce any spillover to EB3 at all.

2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.

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Ramba

08-05 03:25 PM

Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?

I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..

we could not prevent your postings. Lou Dobbs is fould mouth. Please answer my direct questions: Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article. So, leave Lou and other foul moths alone. Don't dance with them.

We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.

Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.

Why are members on this forum so

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shivapb80

01-06 04:45 PM

i am sorry that israel has been a little callous about collateral damage...not cool!

i have seen most of the opinions favouring israel so i need not speak out here. but these are my feelings and i don't care how many red dots i get:

a. hamas does not believe in coexistence with israel but wants its destruction. and belongs to the powerful syria-iran-hezbollah axis. not cool! event Egypt and Saudi Arabia regard Hamas with skepticism.

b. they teach kids that killing jews is the right thing. and btw for that matter US DoS had protested revised 4th grade Saudi text that teaches all non-believers should be killed. teaching hatred to kids is not cool!

c. hamas was using mosques and schools as cover. hiding amongst civilian population, using women and children as suicide bombers and then making an outcry...not cool!

d. hamas was the first to break the truce and had been secretly preparing via tunnels etc throughout the period of calm. not cool!

e. in UK sometime back i remember a church had been converted to a mosque with the blessings of the locals. so cool!

tibetians have been killed and driven out of their land for example...but you dont see the Dalai Lama summoning Tibetians for killing of chinese soldiers stationed in Tibet. so cool!

...not sure it would be possible in an islamic country. why is it that if it is "terrorism", it usually means islamic terrorism? moderates like you need to spread the message of negotiation and distance themselves from any act of violence and such teachings.

I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago. I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure. Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same. Any thoughts/comments on my dilema? Perhaps someone can elaborate on why GC is a factor? Cheers. it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here. you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments. for me GC is important - for one - I don't have to worry about status / DHS . getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation

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purgan

04-06 11:03 PM

I don't think this bill is going to go anywhere, atleast in the Senate. Durbin and Grassley have long harbored anti-H1B feelings (Grassley is a restrictionist in general, while Durban is only pro-illegal), so no wonder IEEE and Prog Guild approached them to introduce this bill. The fininshing touch came when 60 engineer-lobbyists from IEEE came to Capitol Hill the week before to influence lawmakers...

Everytime you extend non immigrant status; you are extending the white I-94 card on your last entry.

However; if you leave after the last extension and you re-enter then the white I-94 card you receive at the border overrides all previous white I-94 cards; extension of stays.

This is where the problem occurs:

H-1b for company A visa is valid until July 2009 and the h-1b approval for a is also valid until july 2009. You come into USA on white I-94 card and they gave validity until July 2009.

Now; you file for change of employer and extend status until July 2010. The notice of action will have the same I-94 number as the date of your last entry.

Now; you go outside USA; on your way back in the port of entry officer mistakenly gives you a white I-94 card only valid until your visa expires (july 2009). Now; if you overstay July 2009 then you would have been considered to be unlawfully present from July 2009.

Bottom line: your last action generally overrules your stay.

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unitednations

07-09 11:57 AM

Very insightful.

So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

Yes, that is correct.

I will give you what was asked for in my local office interview:

w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

I-134 affidavit of support

All passports

Updated and new G-325a (old one I had completed in 2003)

Letter from employer giving detailed job description; salary

last three months paystubs

Company two years of tax returns

Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

--------------------------------------------------------------------

My situation; entered USA on TN back in July 1999

Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

He then said case is approved.

Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.

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Sunx_2004

07-10 02:53 PM

Just follow the law. There are lots of protections in it for us.

UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.

xyzgc

12-27 01:05 AM

Well... Thats a bit like asking one's father to explain the actions of Josef Fritzl.

Alisa, your points are logical. If you are from Pakistan, I'm really impressed. Its a pleasure to read your posts.

Most of the educated Pakis/muslims here on this forum have done nothing except to shower Indians with horrible, unspeakable abuses (will chop your d**k, was ur mom f***ed by Paki? to name a few) instead of explaining the opposite point of view properly.

validIV

06-26 10:32 AM

I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.

LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.